It's Hurry Up and Wait on 209 Implementation

A federal judge issued a temporary restraining order last Friday barring the University of California from implementing Proposition 209 at least until Monday. Chief U.S. District Judge Thelton Henderson's order will stand until Dec. 16, when he is scheduled to hear arguments on whether he should issue a more durable stay, called a preliminary injunction. Henderson issued a similar restraining order against Gov. Pete Wilson and Attorney General Dan Lungren Nov. 27, saying there's a strong probability that Proposition 209 violates the 14th Amendment guarantee of "equal protection of the laws." If a preliminary injunction is issued, it will prevent implementation of Proposition 209 until the suit goes to trial, unless the ruling is reversed by a higher court. Proposition 209 bars race- and gender-based preferences in all state programs. The UC Board of Regents had already directed similar changes in admissions, employment and contracting, but the new undergraduate admissions policy was not scheduled to go into effect until spring 1998. Without the temporary restraining order, Proposition 209 would require an immediate change in admissions practices. "The temporary restraining order puts us back on the schedule of SP 1 [the regents' resolution]," said Chancellor Larry Vanderhoef at last week's brownbag update. "Admissions decisions are made primarily in January. We will abide by what is the law at that time." While Proposition 209 and the regents' resolutions have similar intentions, the court's ruling addresses only the ballot measure. Bob Franks, associate vice chancellor for student affairs, explained at the brownbag update that the arguments against 209 allege "process gerrymandering," which "removes the right of remedy" from a particular group of people by "placing redress as far away as possible." Women and minorities would have to change the state's constitution--a very difficult task--to gain the same preferences now permitted such groups as veterans and the disabled, he said. "Proposition 209 actually changes the state constitution," said Vanderhoef. "SP 1 does not. The regents could, in fact, change their policy next month." Provost Judson King, in a letter last Friday to campus chancellors, asked that pending decisions on undergraduate admissions and on some graduate financial aid be suspended until Monday's hearing. "We will be in touch with you immediately following..to provide guidance as to how to proceed."

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Lisa Lapin, Executive administration, (530) 752-9842, lalapin@ucdavis.edu

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